Des Moines Sun

The blue slip tradition in the U.S. Senate is a longstanding practice that allows home-state senators to express their approval or disapproval of presidential nominations for federal positions within their state. This process involves the use of an actual blue piece of paper and has been used by the Senate Judiciary Committee for over a century. Its purpose is to encourage consultation between the White House and senators on lifetime appointments to the federal bench, as well as positions such as U.S. Attorneys and U.S. Marshals.

Article II of the Constitution establishes shared authority between the President and the Senate for making treaties and appointing federal officials, including judges and members of the Cabinet. The blue slip serves as a mechanism for implementing this constitutional requirement, allowing the Senate to provide its advice and consent on nominees.

Senator Chuck Grassley (R-Iowa) explained, "The blue slip is a mechanism to implement the Senate’s constitutional obligation to offer Advice and Consent. This is a fundamental example of our system of checks and balances. Keeping check on the other two branches prevents government overreach and ensures the will of the people is reflected in government decisions."

Grassley noted that while this practice may not seem directly relevant to everyday life in Iowa, it significantly affects public safety by influencing who becomes prosecutors and judges at the local level. He said, "The blue slip preserves the ability of lawmakers to shape the types of prosecutors and judges who serve the public, uphold the rule of law and resolve disputes in the community." He added that it assures consultation with home-state senators during nominations.

During his time as chairman of the Senate Judiciary Committee, Grassley emphasized his support for collaboration between administrations and home-state senators throughout nomination processes. He stated he has followed precedents set by previous committee chairs regardless of which party controlled either chamber or held executive power: "What’s good for the goose, is good for the gander."

Addressing efforts to eliminate this tradition, Grassley argued against abolishing it: "For years, I’ve consistently pushed back on misguided efforts to abolish the blue slip that would neuter the Senate’s authority of advice and consent." Reflecting on changes made in 2013 when then-Senate Majority Leader Harry Reid altered confirmation rules through what was called “the nuclear option,” Grassley warned about undermining established procedures: "I warned lawmakers that what comes around, goes around... Don’t forget, the U.S. Senate is the world’s greatest deliberative body."

Grassley contended that without blue slips, home-state senators would lose influence over key appointments affecting their states’ legal systems: "Without the blue slip, home-state senators would have no input on who the president appoints to prosecute crimes as lead federal prosecutor or sit for lifetime appointments on federal district court." He maintained that most senators support keeping this tradition because it protects local values in judicial appointments.

He further cautioned against delegating too much power from Congress to other branches: "In recent history, Congress has delegated too much authority to executive branch... We must protect constitutional authorities of legislative branch... The blue slip is one tool Senate must keep...to help keep people’s branch accountable."